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Taking The Stress Out Of Hiring A Criminal Attorney

Your DUI Case: When a Lawyer Can Help, and When a Lawyer May Not Be Necessary

Posted by on 9:58 am in Uncategorized | Comments Off on Your DUI Case: When a Lawyer Can Help, and When a Lawyer May Not Be Necessary

Whether you’ve already had an arraignment for your DUI case or you’ve just been charged, there are aspects of your case that you can handle on your own. While some people try to handle their whole case on their own, it’s important to understand when a lawyer will be able to help you during the course of your case. If you are considering a guilty plea because the evidence against you is strong, you can still work with a lawyer who may be able to plea bargain for you and get the punishment for your charges reduced. If an attorney hasn’t looked over your case, you should at least get a consultation before pleading guilty. When Your Blood Alcohol Content Tested High If your blood alcohol content testing done on the scene was higher than what is legal in your state, your chances of a guilty conviction will rise based on your test results. If you are close to the legal limit, you may have a better chance at fighting your DUI case with an attorney on your side. If you are going to plead guilty because you believe the field testing done on you is solid, a lawyer may be able to find holes in the testing that you didn’t see. If you believe the evidence against you is impossible to deny, you might not need a lawyer to represent you. When You Are Facing Your First DUI Charges You aren’t going to look more guilty if you hire a lawyer to help you fight against a first DUI charge. In fact, most people hire lawyers for their first charges because even first-time offenders can be hit with substantial penalties. If you are nervous about going to court or don’t fully understand the charges against you, it’s time to meet with a lawyer for a consultation so that you can learn more about your options.  When Field Sobriety Tests Are Failed with Witnesses Present  You probably don’t need a lawyer if you failed your field sobriety tests in front of witnesses. If the case against you is strong, the other side may not even consider a plea bargain. If you know that you failed your field sobriety tests and there is plenty of proof that you were driving drunk, you can represent yourself in court without a lawyer and plead guilty. While you may not want a guilty charge on your record, sometimes the evidence against you is strong and you will have to pay for your actions. If you are interested in having a lawyer represent you, contact firms such as Pollack & Ball LLC to find an attorney who is a good...

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Three Reasons Why You Will Not See Criminal Attorneys In The Mayors’ Court

Posted by on 3:57 pm in Uncategorized | Comments Off on Three Reasons Why You Will Not See Criminal Attorneys In The Mayors’ Court

In most other places in the U.S., you will hear people talking about how they have to go to “traffic court.” In Ohio, it is a very different story. Here, there is no “traffic court” per se–instead it is known as the “mayor’s court,” and it operates very differently. If you find yourself summoned to the mayor’s court for a traffic offense, you will see no mayor’s court attorney or criminal attorneys, no matter how major the traffic offense. Here are three reasons why you will not see these defendents when you enter into the mayor’s court in Ohio. The Mayor’s Court Is Neither a Criminal Court or a Jurisdictional Court Criminal courts and jurisdictional courts are operated by the local and state governments and are funded by the people. There is a chain of legal command that starts at the jurisdictional courts and criminal courts and works its way up to the Supreme Court in each state and then the Federal Supreme Court. The mayor’s court is not part of any of these court systems because it is a private court levied and paid for by the mayor’s office for the hearing of traffic offenses and misdemeanors that occur with a mayor’s city limits. There Is No Judge Present Either Lawyers and judges typically go hand in hand in regular courts and hearings. In the mayor’s court, there is no judge. There is only a magistrate, someone who has a working knowledge of the laws of the city but who is not a judge in title or educational achievements. The magistrate is given the power to hear arguments by you and why you should not pay a fine or be charged with a crime, but cannot punish you beyond what the city laws allow. The magistrate may also refer your case to a criminal or jurisdictional court if your case is much more severe in action and/or you have formally requested that the magistrate send you to criminal/jurisdictional court instead. There Are No Appeals Allowed for Your “Crimes” While your traffic violations or misdemeanors may only be considered lesser crimes, they are not really the kinds of hardcore crimes that require major decision-making. Most cases that appear in the mayor’s court are fairly cut and dry–you either did it, you didn’t do it, or you did it with good reason and can argue why. As such there are no appeals allowed and no appeals are necessary, so no lawyers are necessary...

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Two Reasons Why You Need An Attorney When Arrested For DWI

Posted by on 8:56 am in Uncategorized | Comments Off on Two Reasons Why You Need An Attorney When Arrested For DWI

If you’ve recently been arrested for driving while impaired (DWI), you could be facing some serious charges.  Unlike getting a speeding or parking ticket, DWI offenses can carry stiff penalties, even up to being jailed.  Because of this, it’s vital that you hire an attorney to represent you as soon as possible.  Don’t risk viewing this charge as a standard moving violation and going it alone; use this information to learn more about why you need a DWI attorney to help fight your case. An Attorney Can Fight Evidence One of the main reasons why it’s so important to have an attorney when you’re dealing with a DWI case is because they can help you fight the evidence.  Whether it’s a field sobriety test or the responses that you gave once you were pulled over, your attorney has the knowledge necessary to hopefully convince the judge that the evidence is inadmissible. For example, the officer that arrested you may not have had the authority to issue a field sobriety test.  If this is the case, the test results shouldn’t have a bearing on the results of your arrest.  A competent DWI attorney will check to find out if the officer had the authority to test you, and if it’s determined that the police officer shouldn’t have performed the test, your lawyer can argue to get the results thrown out. In addition, if you gave a statement while your attorney wasn’t present, the attorney may be able to say that you responded while under duress.  This can also help to make your statements null and void. A DWI Attorney May Get Your Sentence Reduced Getting your sentence reduced after a DWI charge can help to keep you out of jail.  This is especially true if it’s your first offense or if your attorney is able to show how a jail sentence may be damaging to your livelihood. Your attorney may let the judge know that as the sole provider for your family, a jail sentence could spell financial ruin for your dependents.  The lawyer may even make a special request to your manager or higher-ups at work, asking them to either appear on your behalf or issue a notarized statement attesting to the fine work that you do. Being arrested for a DWI offense doesn’t have to spell the end for you.  Hire an attorney right away so you can enjoy these benefits and many...

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Topics To Talk About With Your Drug Defense Attorney After An Arrest

Posted by on 1:57 pm in Uncategorized | Comments Off on Topics To Talk About With Your Drug Defense Attorney After An Arrest

When you’ve experienced a drug-related arrest, one of your first priorities should be to hire an attorney who focuses primarily on drug defense cases, like those found at Kassel & Kassel A Group of Independent Law Offices. Although the justice system takes drug charges very seriously, you may be able to have your charges dropped or reduced — often because your attorney is able to successfully argue that you have a serious drug problem and rehabilitation, rather than jail, would be in your best interest. If you wish to follow through with the rehab strategy, it’s in your best interest to talk to your attorney about the impact drugs have had on your life. Speak to him or her about these topics to help with your defense. Your Health For your attorney to successfully convince a judge that drugs have severely impacted your life, he or she will need to talk about your declining health. To this end, make sure that you share any health-related issues that you’ve experienced as a result of your drug problem. Think of specific examples; perhaps you fell while passed out and sustained a concussion or you’ve been told by your doctor that your lung capacity is greatly reduced as a result of smoking drugs. Using this information, your attorney can work on having your charges dropped or reduced. Your Career Drugs can severely impact your career, so make sure that your attorney knows about the career-related struggles you’ve endured. For example, perhaps you once had a lucrative career but were unable to keep it because you became unreliable after you got addicted to drugs. Speak about how you’ve struggled to find any form of meaningful or long-term employment and have often bounced around between minimum-wage jobs because of your struggle with addiction. These facts can help your attorney convince the court that you are a victim, rather than someone who needs to be punished. Your Relationships If you’ve suffered strains in your relationships with your family members and friends, make sure that you relay this information to your attorney — with specific examples. Perhaps your parents have broken off ties with you or your ex-spouse was able to get full custody of your child because of your addiction issues. These challenges in your life clearly demonstrate the negative effect that drug addiction has had and can hopefully help your attorney convince the court that treatment, rather than jail, is the right way for you to get over this issue and once again become a positive member of...

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Have You Been Charged With An Internet Crime? Learn What You Can Do About It

Posted by on 12:49 pm in Uncategorized | Comments Off on Have You Been Charged With An Internet Crime? Learn What You Can Do About It

With the introduction of the Internet came a whole new breed of criminals, many of them with the knowledge of how to set up crimes online to make it look like an innocent person is responsible. Because of dishonest people like hackers, many innocent people have faced serious charges for an internet crime. If you have been accused of an Internet crime you did not commit, learning more about what you can do about it is extremely important. Check out these tips for finding out the steps you need to take to prove your innocence any wrongdoing online. Visiting An Internet Crime Attorney Finding an attorney with experience in Internet crime can be challenging because there are not many of them around. Because the onslaught of Internet crime has not been around for long, many lawyers are just now getting into this area of expertise and law. However, many criminal lawyers will take your case and fight for you just as hard. Some criminal lawyers today have internet specialists working for them due to the increasing numbers of crimes being committed using the Internet. Gathering As Much Evidence As You Can While your lawyers and law enforcement officials will collect evidence from your computer, you can take steps to collect other kinds of evidence to help prove your innocence. For example, if you know for a fact someone was using your Wi-Fi connection and suddenly your computer has illegal images on it, you should learn more about the person using your Wi-Fi. Be sure to tell law enforcement officials that someone was on your connection and if there was ever any chance that person or someone else was able to get on your personal computer. Collecting any witnesses that saw someone using your computer or your Wi-Fi connection is a good idea. One reason it is a good idea to collect as much evidence as you can is because Internet crimes are hard to investigate. The more evidence you can offer, the better off you will be in court. Internet Crime Charges Can Carry Severe Punishment Some of the crimes committed online are fraud, meaning the penalty for them can be harsh. For crimes involving fraud and the theft of money, the amount of money stolen can sometimes be a determining factor for the punishment. The same is also true about illegal images. For example, people with child pornography on their computers can face many years in prison. Do not risk your future in the hands of an attorney that has never defended anyone charged with an Internet crime. Choosing someone with experience is vital for you to walk away with as little penalties as possible. Contact a local lawyer, such as one from, for further...

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Can You Be Charged With A DUI For Taking Prescription Medications?

Posted by on 9:37 am in Uncategorized | Comments Off on Can You Be Charged With A DUI For Taking Prescription Medications?

While it is entirely common to hear about somebody being charged with driving under the influence (DUI) for drinking or taking illegal drugs and getting behind the wheel, you might be alarmed to find that the prescription medications you have been given could also put you at risk for criminal charges. You might even be surprised to learn that over-the-counter medications could also cause you to be driving under the influence. Laws about DUI Throughout the United States, it is illegal to drive with a blood alcohol level higher than 0.08%. When you obtain your license, you consent to a breath, blood, or urine sample upon being pulled over for suspicion of DUI. According to state laws, like those in California, it is not legal to drive under the influence of substances that may impair your nervous system. This is a vague definition, meaning that even a cough medicine could leave you facing criminal charges. The difficulty in prosecuting somebody for driving under the influence of prescriptions is that there is no blood concentration percentage associated with impairment for these substances. There is no specific measurement for somebody to determine whether the driver is physically impaired. This may work well for the attorney defending you, allowing your criminal lawyer to argue that you were not impaired and that the arresting officer simply had it wrong. On the other hand, this could also work against you. If there is evidence that you have a prescription for the substance and you have admitted to taking it, you may have quite a case against you. It is important that you talk to your lawyer about your options if this is the case. They can help build a better defense when they understand all the details. Take Steps to Ensure You Are Safe Every time you get in the car after taking your medication, it is important that you take an assessment of yourself. Are you driving safely? Are you impaired? Even if you have not been drinking or using illicit drugs, you are responsible for ensuring that you are not impaired in any way. A Criminal Attorney Can Help You Criminal attorneys, like LaCross & Murphy, PLLC, understand the necessity of dealing with DUI charges right away. Attorneys have a variety of resources at their disposal, including deep insight into the law. If you are arrested based on suspicion of DUI caused by a prescription medication, contact a knowledgeable criminal lawyer with experience in this...

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Did You Know That Refusing To Take A Breathalyzer Test Is Now A Crime?

Posted by on 3:47 pm in Uncategorized | Comments Off on Did You Know That Refusing To Take A Breathalyzer Test Is Now A Crime?

It wasn’t that long ago that you could refuse to take a breathalyzer test without much of a serious consequence. Since Thursday, June 23, 2016, however, that is no longer the case. The Supreme Court ruled in a 5-3 judgment that it is now a crime to refuse to take a breathalyzer test when the police suspect you of drunk driving. No Warrant Needed You might have believed that in order for the police to conduct a breathalyzer test when you refused to do so voluntarily, that they would need a warrant to force you to take one. This is not the case. The courts ruled that breathalyzer tests are not invasive procedures so they do not violate your rights in any way. However, if the police wish to have a blood-alcohol test done, then they must procure a warrant to make this happen. The taking of blood is considered more invasive. Possible Punishment Each state and city have their own laws regarding the punishment you could face if you refuse to take a breathalyzer test. In many states, if you refuse to take the test, you risk losing your license for a period of time or spending time in jail. Before the Supreme Court ruling, thirteen states already criminalized a driver’s refusal to take the test without a warrant. This included the refusal to have blood or urine tests done as well. In the states that already had such laws in place, the Implied Consent Laws govern the type and length of punishment you could receive. For example, you could pay fines, lose your license for up to a year and be placed in jail. For those who have previous DUI convictions on their record, the punishment could be much harsher like longer jail sentences or longer license suspension. No-Refusal The Supreme Court ruling will change how the states that don’t have no-refusal laws govern their breathalyzer tests. In no-refusal states, police can force a person who refuses to take these tests without a warrant. The ruling will now allow all states to apply the same actions to those who will not submit willingly. It may be possible to still contact an attorney before submitting to a breathalyzer test. The reason many refuse is so they don’t incriminate themselves. While this ruling applies to the entire country, more than half of the states in the country already have the legal authority to enact the no-refusal enforcement clause. For more information, contact Daniel M Hernandez Esquire or a similar legal...

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Pothole Pitfalls: Launching A Personal Injury Case Against The City

Posted by on 10:32 am in Uncategorized | Comments Off on Pothole Pitfalls: Launching A Personal Injury Case Against The City

Sometimes, there are city public utilities that are neglected. At times, cities may be actively working on curing the issues of public roads and sidewalks one section at a time. Other times, the city may not be actively making any improvements towards the issue. Potholes are a major cause of vehicles getting damaged and possible accidents happening that lead to personal injury. If you are hurt in an accident that was caused by the negligence of the city’s roads, you have a different fight than proving that someone else was at fault. Here is how to get started on a case against your city.  Call a police officer If you are trying to prove damage because of a pothole, you will need lots of pictures and a police report. If the police can come to the scene of the accident and verify that you sustained a personal injury due to an accident caused by city property, this will make your case a little easier. Get a copy of the report and make sure that it has the information of the responding officer in the event that you need a witness statement for proof to the city.  Lodge a formal complaint If you have been personally injured in an accident due to a pothole, you should file a formal complaint with the city. The best way to do this is to see a lawyer after you have been to the hospital. They can help you draft up a complaint and submit the complaint to the correct city department. This will put the city on notice of your personal injury and give them time to settle.  Start an investigation Along with your lawyer, look for other possible complaints about the same area or the same issue that caused you personal injury. If your injury was caused by a pothole, you should try to find out if others have made the same complaints to the city. Nowadays, you may be able to find some of this information on facebook or via consumer advocates in your town. Proving that this was a known issue can help you to win your case in court against the city. Determine your own settlement amount Most cities and states would prefer to settle claims for undisclosed amounts rather than go to court. Be prepared to settle your lawsuit through mediation with your attorney, such as Walsh Fewkes Sterba, and the attorneys that represent the city. Allow your attorney to lead in the talks about a settlement amount that will take care of the compensation that you deserve. Submitting a modest settlement amount that is within a reasonable window may mean that your terms are...

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Understanding Your Options For Defending Against DUI Charges

Posted by on 10:33 pm in Uncategorized | Comments Off on Understanding Your Options For Defending Against DUI Charges

A conviction for driving while intoxicated can be damaging to your driving record. If you’ve been arrested on suspicion, the best thing you can do is to fight the charges any way that you can. While you might think that a breathalyzer or other evidence could be enough to ensure a conviction, there are a few things that you should know. Observation Can Affect Testing Validity Before an officer can administer a breath test, he or she must have probable cause to suspect you of drunk driving. This means that the officer in question has to observe your behavior for some time before actually having just cause to consider you intoxicated. Since there’s no set period of time required, the observation time can be subjective. If your attorney can prove that the officer didn’t observe you long enough to formulate an honest opinion about your condition, that may be sufficient to have the charges dismissed. The Field Test Can Be A Factor In some cases, you may actually be able to use the field test to your advantage. If you passed the field test and the officer still made you take a breathalyzer, your lawyer may be able to show that there was insufficient cause for the breath test. The discrepancy between the two tests is sometimes enough to have the results of the breath test deemed inadmissible. You Should Be Advised Of Your Rights And The Results When you take a breathalyzer, one of the things that is supposed to happen is that you should be provided with the results of the test. If you aren’t given the results of the test on the scene when you take it, your attorney may be able to argue that the officer withheld information that you had a legal right to be told. You also have the legal right to ask for an independent blood alcohol test if you’ve consented to a breath test. The officer on scene must inform you of that and allow you the opportunity to have that test run if you choose. The Duration Of Time Between Your Stop And The Test Affect The Results When the test is administered has as much effect on the results as how. For example, the time that elapses between your last drink and the breath test may allow more alcohol to absorb into your bloodstream, which may cause your breath test results to be higher than they were at the time when you were driving. If the results of your test are only slightly over the legal limit, your attorney might argue that the time elapsed at the scene was enough for your blood alcohol level to rise enough to be beyond the legal limit. Talk with a law firm like Boehmer Law for more...

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Don’t Let DUI Charges Ruin Your Road Trip

Posted by on 5:44 pm in Uncategorized | Comments Off on Don’t Let DUI Charges Ruin Your Road Trip

Many people consider road trips and alcohol inseparable. Unfortunately, the same alcohol that can light up your road trip experience can also ruin it when it leads to a drinking under the influence (DUI) charge. Take these precautions to ensure that doesn’t happen: Rotate Drivers An essential trick is to rotate drivers so that everybody gets the chance to drink when it’s safe. Know that blood alcohol is eliminated from the body at the paltry rate of 0.005 for every twenty minutes. This means it can take hours for alcohol to be completely eliminated from the body depending on your BAC level. Making the computations isn’t practical; it’s not like you can designate a drinking time and calculate your reducing BAC over time. Even if you could, you may not know your initial BAC. Having a portable breathalyzer solves such problems. Ensure that everybody who gets behind the wheel has a BAC level permissible in the state. Understand State Laws It’s a good idea to research the DUI laws of the states you will be visiting since they may differ with those of your home state. For example, states differ in how they handle underage (those who haven’t reached age 21) drunk drivers. If you are younger than 21 years, you will be arrested and charged with DUI in states with zero-tolerance laws, such as Arizona and Illinois, as long as any alcohol can be detected in your blood. In such states, anybody under the age of 21 should not get behind the wheel after tasting any alcohol. Know Whether You Can Drink In the Car You also need to know whether it is legal for you to open those six packs in the car, or even how you should store them. This is because some states have empty container laws, which make it illegal to have opened cans or bottles of alcohol in the car. Some states allow you to have open containers of liquor as long as you store them in specific places, such as a locked glove compartment. If you are driving through such a state, you will have to drink during your stops and get rid of the containers before getting back into the car. Hopefully, the above precautions will help you enjoy both your road trip and alcohol without getting into trouble. If you do get into trouble, consult a local skilled DUI attorney for your defense. Don’t forget that the DUI laws of the state may be different from those of your state, so crimes that may not be considered serious in your home state may attract harsh...

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